Posted by An estimated 1.7 million Americans have used kratom supplements–but seven states have now moved to ban kratom entirely. If you’re wondering why an herb that is actually a member of the coffee family has become so controversial, this guide to legal issues with kratom in 2025 will help break down the current federal and state regulations and clarify what you should know before you buy.
Why Is Kratom Such A Hot-Button Topic?
Scientifically known as Mitragyna speciosa, Kratom can offer consumers a variety of different benefits. At low doses, it functions as a mild stimulant like caffeine; at higher dosages, it can have sedative or pain-relieving like effects due its chemical composition–namely alkaloids like mitragynine and 7-hydroxymitragynine (7-OH). Thus, depending on how it is consumed, kratom can assist with pain relief, opioid withdrawal treatment, or chronic pain management–or even boost energy levels. However, like any other supplement or medication, there are risks to consider–and that’s where the federal regulatory environment comes into play.
In 2016, the DEA did try to designate kratom as a dangerous substance, but ultimately backed down after a public outcry from medical patients and scientists who argue that more research is still needed. As we’ll discuss, the kratom legal battle only continues to heat up, as a perfect storm of consumer demand, calls for research proposals, and RFK’s FDA all converge….
Is Kratom A Controlled Substance? Here’s What The DEA Says Now…
The short answer: no. Kratom is not listed under the federal Controlled Substances Act (CSA)–this means it is currently unscheduled by the DEA and is not federally banned.
However, the Drug Enforcement Administration (DEA) has labeled kratom a “Drug and Chemical of Concern” due to its potential for abuse. “Potential” for abuse is, of course, exactly that–and so this language does not mean that kratom is being widely abused or misused, only that hypothetically, someone could do so. In reality, overdoses from kratom are actually quite uncommon.
Many legal medications and supplements also fall under this same “Drugs and Chemicals of Concern” umbrella. For another example, consider how certain decongestant drugs are still sold–but only behind a pharmacy counter due to potential for abuse of certain active ingredients in those products. Still, no one denies the benefits of having an unstuffed nose…
Is Kratom FDA Approved?
No–but that shouldn’t surprise you. The Food and Drug Administration (FDA) has not approved kratom for any medical use, and has also declared it unlawful to market kratom as a dietary supplement, drug, or food additive. Why? Because without sufficient safety data–and studies needed to gather that data–Kratom cannot be approved under the Federal Food, Drug, and Cosmetic Act. This in turn creates a gray area: while the raw Mitragyna speciosa leaves or basic products are not federally prohibited, distributors and retailers are banned from making any health claims or formulations positioning it as a supplement.
If that sounds familiar, it should be. The FDA basically uses this exact approach to several other herbs and compounds sold as dietary supplements. If you’ve ever bought Kava, CBD Oil, or even Milk Thistle–you’ve consumed something that is not FDA approved but may still convey benefits when used as directed. Further, all of the above examples and kratom remain federally legal under the Dietary Supplement Health and Education Act (DSHEA) of 1994. As long as no disease/medical benefit claims are made, then it is legal to market these supplements–even though they face FDA scrutiny through warnings, import alerts, as well as enforcement for adulteration, or misleading labels.
Is Kratom Legal in My State?
While Kratom still remains legal throughout most of the United States, the legal landscape continues to evolve at the state level. From 2024-2025, 29 states introduced kratom bills, with most focusing on regulation over bans. Currently, 24 states, along with Washington D.C. have regulations (e.g., age limits, labeling requirements, or bans on synthetics), while other states treat it as unregulated but legal.
However, kratom is now fully banned in seven states, including: Alabama, Arkansas, Indiana, Rhode Island, Vermont, Wisconsin, and Louisiana (as of Aug. 1, 2025). In fact, Louisiana now imposes fines of up to $5K for possession of kratom, making the retail landscape even more challenging to navigate if you happen to come from a neighboring state–like Texas–where kratom is fully legal.
To say the least, the legality of kratom remains “complicated,” but ultimately this is nothing new under the sun. What we see happening now with kratom regulation is not unlike what we have already watched unfold in the cannabis sector, with some states relaxing or completely eliminating prohibitions on marjuana, and others (i.e. Florida, Kentucky) allowing only medicinal marjuana that can only be obtained via a license granted through a physician.
Going Forward: The Evolving World of Kratom Legality
As we move into the final half of 2025, legal issues with kratom continue to evolve on both the state and federal levels.
This past July, Food and Drug Administration Commissioner Marty Makary and Health and Human Services Secretary Robert F. Kennedy Jr. indicated they plan to ask the DEA to classify 7-OH (one of the natural compounds in kratom) as a Schedule I drug–effectively equating it with heroin. Given the backlash to the DEA pulling this exact move back in 2016–and the fact that kratom has massively grown in popularity since then–it’s hard to say whether this move will be successful.
On the state level, Kratom legal hot spots to watch in 2025-2025 include:
New York (new laws banning “all natural” labels and mandating warnings); North Carolina (where there’s a pending bill for sales regulations); and also Florida, which issued an emergency ban on 7-OH products in August 2025, pending further legislation.
In any case, if you consume kratom, it’s always a good idea to consult your local laws–and keep your eyes open as more kratom legal news arises.
You might be interested in “Kratom’s Ambiguous And Unregulated Legal Status.”